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ADA

2nd Circuit just made it harder for disabled employees to sue

06/13/2019
In a surprise win for New York employers trying to manage disabled workers, it just became a bit more difficult for plaintiffs in the 2nd Circuit to win disability discrimination claims brought under the ADA.

Back pain common, but not always a disability

06/13/2019
Back pain is the most commonly cited cause of work-related disability. But is back pain always an ADA-qualifying disability?

Take extra care when firing after ADA, FMLA

06/10/2019
Firing an employee who is returning from ADA or FMLA leave is a risky proposition. Make absolutely sure you can justify the termination with legitimate business reasons that have nothing to do with missing work, taking leave or requesting accommodations.

Tyler docs violated ADA by quizzing staff about health

06/10/2019
The physicians who own Pulmonary Specialists of Tyler and Sleep Health must have missed the part of their training addressing that most medical of employment laws: the ADA.

100%-healed policy = $950,000 settlement

05/31/2019
Do you have a policy requiring injured workers to be 100% healed before they can return to work? Do you automatically terminate workers who try to come back with medical restrictions or who say they need more time off? Then get ready to write a big check.

Ignoring interactive process pops Party City’s balloons

05/16/2019
When a team leader at a Party City store in Texas suffered pregnancy complications, her doctor imposed a lifting restriction. But rather than discuss possible workplace accommodations, the store fired her.

Disabled or not, you’re justified to call regular attendance an essential job function

05/06/2019
Disabled employees are entitled to reasonable accommodations for their disabilities if those accommodations allow them to perform the essential functions of their jobs. But smart employers make it clear that, generally speaking, regular attendance is both expected and essential to the job.

Accommodate bathroom breaks related to disability

05/06/2019
Some medical conditions that may be ADA disabilities require disabled workers to visit the bathroom more frequently and for longer than other workers. Warn supervisors to accommodate those problems after engaging in the interactive accommodation process.

No FEHA accommodation required if it won’t enable disabled employee to perform job

04/30/2019
The California Fair Employment and Housing Act offers protection for disabled workers who need reasonable accommodations in order to perform the essential functions of their jobs. But that protection isn’t unlimited.

You’re responsible for outsourced mistakes

04/30/2019
Employers may assume that outsourcing an HR function to an expert provider will insulate them from liability in case of some legal mistake. That’s not always true.